The San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”).
Chapter 12W allows for administrative as well as civil enforcement. The San Francisco Office of Labor Standards Enforcement has the authority to investigate and order remedies like back pay, payment for sick leave unlawfully withheld, and administrative penalties (three times the amount of sick leave withheld or $250, whichever is greater).
If a violation results in harm to an employee (such as discharge from employment or retaliation) or violates the rights of any employee (such as failure to post the notice), the administrative penalty will include a $50 per employee/per day penalty. The Office of Labor Standard Enforcement, the San Francisco city attorney, any person or entity a member of which is aggrieved by a violation, or any other person or entity acting on behalf of the public, may bring a civil action. Relief from the civil action may include reinstatement, back pay, the payment of any sick leave unlawfully withheld, the payment of liquidated damages in the amount of $50 per person for each hour or portion that the violation occurred or continued, plus three times the amount of paid sick leave withheld or $250, whichever is greater, injunctive relief and reasonable attorneys’ fees and costs.
Officers and executives could be liable for a company’s violation of Chapter 12W. “Employer” encompasses the definition of “person” from Section 18 of the California Labor Code.
Comment Preview